May 17, 2023
MKCI partner Chris Hillsley recently obtained a defense non-suit on behalf of a commercial property owner and manager in Philadelphia County, Pennsylvania in the Erica Finley v. AmeriHealth Northeast LLC, et al. matter (case # 191200047). The elevator maintenance company was the only other remaining defendant at trial. Plaintiff alleged significant injuries to her shoulder and arm from getting her hand caught in an elevator. The defense argued successfully that Plaintiff and her expert failed to prove notice of or any defects associated with the elevator in question at the time of the incident.
A key issue in the case was the lack of evidence showing a defect associated with the elevator on the date in question. In fact, Plaintiff’s expert did not conduct an inspection of the elevator until 3 years after the date of the accident and, as such, the defense successfully argued there was simply no reliable evidence of a defect. At trial, Chris also successfully moved for a non-suit on the basis of lack of notice as to MKCI’s clients. Judge Kenneth Powell ultimately agreed with the defense and granted the motion for non-suit, allowing the jury to be dismissed after three days and before the defense finished putting on their evidence.
For additional information regarding this matter, please contact:
Christopher Hillsley – email@example.com
David Snyder – firstname.lastname@example.org